Japan’s Antimonopoly Act (the AMA) was recently amended so as to adopt a wider and deeper scope for the surcharge system, a leniency program, and the authority to investigate criminal cases as measures to strengthen enforcement.

At the same time, the TPP (which has been largely agreed upon) includes a provision which introduces a so-called “commitment” program in which corporations voluntarily address problems following agreements with the “national competition authority”. (This is the terminology used in the TPP.) Discussion about how to implement this feature of the TPP is now underway in Japan’s Fair Trade Commission (the JFTC). Moreover, the JFTC has shown showed interest in commencing discussions this year concerning a discretionary surcharge system. As if that was not enough, it seems that the AMA will soon be substantially amended again. Japan’s “national competition authority” is changing its views, and discussions within it are being influenced by enforcement practices in foreign countries.

How are antitrust laws and their enforcement changing both in Japan and other countries, and how should companies prepare for those changes? This seminar will seek to describe the anticipated “commitment” procedures and discretionary surcharge program, and will discuss how these programs have already been implemented in other countries, thereby enabling participants to imagine what the future holds.

Mr. Kitawaki, who formerly served as an official of JFTC (2012-2015) and is now an attorney at Tanabe & Partners, will summarize the basics and recent changes in the AMA, and discuss the latest important administrative orders, JFTC decisions and court orders. He will also explain the background of the advisory panel to the Cabinet Office about “Administrative Investigation Procedures under the Anti-Monopoly Act”, and issues it covered such as attorney client privilege and the discretionary surcharge program.

Next, Mr. Niwa of White & Case will explain the framework of US cartel law and enforcement trends, including aspects requiring special attention related to discovery, obstruction of justice, and the extra-territorial application of US law to Japanese companies, while referring to real-life examples such as the auto parts cartel case, the Ian Norris extradition case, and the Motorola civil action.

Participating from White & Case’s Brussels office via video teleconference, Ms. Jacquelyn MacLennan will introduce the EU’s policy on antitrust, and explain unique aspects such as a parent company’s liability for violations by its subsidiaries, and information exchange issues.

Ms. Onoki from White & Case will then review the matters that Japanese companies need to be most careful about with regard to international cartels and business combinations.

A panel discussion will follow and delve more deeply into the topic of “how to prevent antitrust violations and and how to act when they occur.” It is extremely important to prepare for crises in advance, since an adequate response requires full and deep understanding of each country’s complex legal system and penalty structures, and quick, flexible decision making. This seminar will give you the latest information that you need in order to build a robust compliance program.

After graduating from the Law Department of Tokyo University, Mr. Kitawaki joined Tanabe & Partners in 2006, and built his career base as a competition lawyer, helping clients in unfair trade practice cases. Mr. Kitawaki was seconded to Japan Fair Trade Commission as a government official with the fixed term contract, handled multiple lawsuits seeking to overturn a JFTC decision over cartel, bid rigging and monopoly matters and dedicated himself into the discussion about extraterritorial application of competition laws.

Seiji Niwa
Associate, White & Case Tokyo

Seiji Niwa is an associate in White & Case's Global Competition, White Collar and Commercial Litigation practice groups. He concentrates on complex commercial litigation and antitrust litigation and counseling. He has worked on both civil and criminal antitrust issues, and has substantial experience with multi-jurisdictional cartel matters and in counseling trade associations. As a member of the Tokyo Office's Competition Group, Mr. Niwa works on matters involving the Japan Fair Trade Commission, including investigations of unfair trade practices and of cartels.

Jacquelyn MacLennan
Partner, White & Case Brussels

Jacquelyn MacLennan offers a wealth of experience for clients worldwide, representing leading multinational corporations, governments and trade associations. She focuses on EU competition law, and clients benefit from her experience and insight in developing strategy and running major international cartel investigations, as well as advising on complex distribution problems and licensing arrangements, abuse of dominance cases, mergers and joint ventures. She also advises on EU customs and trade law, as well as EU regulatory requirements, notably in respect to product safety and environmental regulation. With an impressive track record of experience and know-how, Jacquelyn litigates regularly before the EU and UK courts, and represents clients before the European Commission.

Takako Onoki
Associate, White & Case Tokyo

Takako Onoki is an associate in White & Case's Antitrust practice group. She specializes in Antitrust/Competition matters including advising clients in relation to Japan Fair Trade Commission (JFTC) investigations and on the antitrust aspects of merger and acquisition transactions as well as international cartel matters. She also provides antitrust counseling and compliance advice to multinational corporations and trade associations.

Toshio Dokei
Partner, White & Case Tokyo

Toshio Dokei has practiced as a licensed Japanese attorney (Bengoshi) since 1994, after he served as an assistant judge for eight years. He has broad experience in financial transactions, especially project finance and acquisition finance, M&A, as well as general corporate matters. His banking practice includes, among others, representation of financial institutions for (i) cross-border investments by public financial institutions, (ii) export credit agency (ECA) finance, especially in the context of project finance, and (iii) syndicated loans both in foreign markets and the Japanese market.

Mr. Dokei is also an experienced competition lawyer, and has represented clients in unfair trade practice cases before the Japan Fair Trade Commission (including abuse of superior bargaining position and resale price maintenance claims) and in multijurisdictional cartel matters. He is a graduate of the University of Tokyo Law Faculty and the Legal Research and Training Institute of the Supreme Court of Japan, and he obtained an LL.M. degree from University of Michigan Law School.

Mr. Benes received his B.A. in political science from Stanford University, and a JD-MBA degree from UCLA. He then worked at JP Morgan for 11 years and went on to lead a pathbreaking M&A advisory boutique in Japan, JTP Corporation. He is an inactive member of the bar in California and New York. Currently, he serves the American Chamber of Commerce in Japan (ACCJ) as Chair of its Growth Strategy Task Force. In the past, he served as a twice-elected Governor of the ACCJ, Chair of the ACCJ's FDI Committee and FDI Task Force, and as a member of the Experts Committee of the Japan Investment Council, an advisory committee to the Japanese Cabinet on FDI policy. He has also served as an independent outside director at Alps Mapping, the listed company Cecile Ltd., and Livedoor Holdings (post-scandal). In 2010, he was a member of the Financial Services Agency’s Corporate Governance Liaison Committee, which had been formed to provide private sector input to the Ministry of Justice and the Legal Affairs Advisory Council regarding amendment of Japan's Company Law. In 2013, he proposed that the creation of a corporate governance code be included in the LDP's growth strategy, to be implemented under the auspices of the FSA. He then advised members of the diet and the FSA, with regard to the drafting process and the content of Japan's first corporate governance code.

Moderators

Sachiko Ichikawa
Partner, Tanabe & Partners

After graduating from the Law Department of Tokyo University, Ms. Ichikawa entered Dai-Ichi Kangyo Bank. Upon obtaining accreditation as a lawyer, she entered Tanabe & Partners, where she was active as a specialist in Labor Law issues, counseling corporate clients. After obtaining a Master of Laws degree from Georgetown University Law School, she became a member of the New York Bar Association. Since returning to Tanabe & Partners, she has served as a counsel representing the defense in a number of securities fraud lawsuits demanding damages compensation. She has expertise and understanding regarding the enormous impact that inadequate internal controls can have on companies, and the board leadership that is essential after they have been discovered in crisis situations. She presently serves as an independent external director at Anritsu Corporation.

Arthur Mitchell
Senior Counselor, White & Case Tokyo

Arthur Mitchell has over forty years of experience, much of it in Asia and is one of the leading American lawyers specializing in investment and financing transactions around the world. Prior to joining White & Case in September 2007, Mr. Mitchell was General Counsel of the Asian Development Bank (ADB). He became General Counsel of the ADB in 2003 and supervised all aspects of legal advice given with respect to documentation of public sector and private sector loan transactions, equity investments, political risk guarantees and bond financings. He managed an office comprised of 42 attorneys from 18 countries and was responsible for compliance with Bank policies and procedures. He advised the President and the Board of Directors on corporate governance, institutional and administrative matters, and all litigation involving the bank. He is a member of the Board of Directors, Sumitomo Mitsui Financial Group, Inc.